Youse v. McCarthy
Superior Court of Pennsylvania
Appeal, No. 228, Oct. T., 1911, by defendant, from decree of C. P. Berks Co., Equity Docket 1910, No. 1,025, dismissing bill in equity in case of Daniel K. Youse v. Henry A. McCarthy and Tuscarora Oil Co., Ltd. Bill in equity for an injunction.
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Appeal, No. 228, Oct. T., 1911, by defendant, from decree of C. P. Berks Co., Equity Docket 1910, No. 1,025, dismissing bill in equity in case of Daniel K. Youse v. Henry A. McCarthy and Tuscarora Oil Co., Ltd. Bill in equity for an injunction. Endlich, P. J., filed the following finding of facts: 1. The plaintiff, being the owner in fee of a certain farm in Washington township, Berks county, of about 100 acres, on August 5, 1907, conveyed the same, together with his personal property, in trust for benefit of creditors, to Francis S. Janson, who on August 21,1907, transferred an undivided…
1Opinion of the Court
Opinion by
Rice, P. J.,
The facts of this case are accurately, clearly and concisely stated in the findings of the learned trial judge, and a restatement of them by us is unnecessary. The only finding of fact that is assigned for error is the seventh; but there was ample evidence, if believed, to sustain it, and the testimony of the plaintiff himself scarcely puts it in doubt. Even if his testimony raised a substantial conflict regarding the fact, still the rule would be applicable, that where the correctness of a judge’s finding of fact, in a case tried before him under the equity rules,…
2Cases cited7 opinions
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3Cited by13 opinions
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